Privacy Law Commons^™

When Taint Teams Go Awry: Laundering Unconstitutional Violations Of The Fourth Amendment, Edward S. Adams, William C. Price Jr.

Arkansas Law Review

In this Article, we examine the legal landscape in which taint teams operate, why taint teams are constitutionally problematic, and propose a solution to protect the attorney-client privilege. In Part I, we will first describe what taint teams are supposed to protect—attorney-client privilege. Next, we review how a taint team gets its documents to review, namely the doctrine surrounding (secret) search warrants. Part I ends with a non exhaustive summary of remedies available when attorney-client privilege is violated during searches. In Part II, we explain the current policies and practices surrounding taint teams, including sources of procedure for taint teams …

The Genetic Panopticon: Genetic Genealogy Searches And The Fourth Amendment, Genevieve Carter

Northwestern Journal of Technology and Intellectual Property

As consumer DNA testing gains widespread popularity, so has law enforcement’s interest in leveraging genetic databases for criminal investigations. Consumer DNA testing products like 23andMe and Ancestry allow private individuals access to their genetic data on private databases. However, once coded, genetic data is free to be downloaded by users and uploaded to public databases. Police identify suspects by uploading cold case DNA to public genetic databases and find familial matches. If they identify a familial match, they narrow the field of suspects using traditional methods of investigation, which often includes extracting suspect DNA from a piece of their abandoned …

Revising Reasonableness In The Cloud, Ian Walsh

Washington Law Review

Save everything—just in case––and search for it later. This is a modern mantra fueled by the ubiquity of smartphones, laptops, tablets, and free or low-cost data storage that leads users to store massive amounts of data in the cloud. But when users trust third-party cloud storage providers with private communications, they also surrender Fourth Amendment constitutional certainty. Existing statutory safeguards for these communications are lower than Fourth Amendment warrant and probable cause standards; this permits the government to seize large quantities of users’ private communications stored in the cloud with only minimal justification. Due to the revealing nature of such …

Trading Privacy For Promotion? Fourth Amendment Implications Of Employers Using Wearable Sensors To Assess Worker Performance, George M. Dery Iii

Northwestern Journal of Law & Social Policy

This Article considers the Fourth Amendment implications of a study on a passive monitoring system where employees shared data from wearables, phone applications, and position beacons that provided private information such as weekend phone use, sleep patterns in the bedroom, and emotional states. The study’s authors hope to use the data collected to create a new system for objectively assessing employee performance that will replace the current system which is plagued by the inherent bias of self-reporting and peer-review and which is labor intensive and inefficient. The researchers were able to successfully link the data collected with the quality of …

A Too Permeating Police Surveillance: Consumer Genetic Genealogy And The Fourth Amendment After Carpenter, Michael I. Selvin

Loyola of Los Angeles Law Review

No abstract provided.

Cell-Site Location Information And The Privacies Of Life: The Impact Of Carpenter V. United States, Trevor Moore

Loyola of Los Angeles Law Review

No abstract provided.

Alexa, Amazon Assistant Or Government Informant?, Julia R. Shackleton Esq.

University of Miami Business Law Review

Alexa, are you listening to me? Technology has become an integral part of one’s everyday life with voice-controlled devices pervading our most intimate interactions and spaces within the home. The answers to our questions are now at our fingertips with the simple roll of the tongue “Alexa,” your very own personal intelligence assistant. This futuristic household tool can perform tasks that range from answering simple voice commands to ordering any online shopping. However, the advent of voice technology presents a myriad of problems. Concerns arise as these new devices live in the privacy of our homes while quietly listening for …

The Race For Privacy: Technological Evolution Outpacing Judicial Interpretations Of The Fourth Amendment: Playpen, The Dark Web, And Governmental Hacking, Wade Williams

Florida State University Law Review

Despite complying with the new amendments to Federal Rule of Criminal Procedure 41, the Federal Bureau of Investigation's (FBI) broad authorization to remotely access computers at anytime and anywhere within the United States is at odds with the reasonableness and particularity requirements of the Fourth Amendment. The exponential growth of technology has made life in the twenty-first century something our ancestors would envy, but the idea of allowing the government to perform unknown and undetected searches across the United States, especially in the hidden world of cyberspace, would have our founding fathers turning in their graves. Recognition is owed to …

Privacy Vs. Protection: Why Tracking Mobile-Device Location Data Without A Warrant Requires A Fourth Amendment Exception, Andrew Stover

Catholic University Journal of Law and Technology

No abstract provided.

Check Yes For Checkpoints: Suspicionless Stops And Ramifications For Missouri Motorists, Conner Harris

Missouri Law Review

One of the great advantages of living in a free society is the enjoyment of general privacy and freedom from unwarranted interference in one’s personal affairs. This advantage benefits citizens in both their private and public interactions. For example, it is expected one could drive to the store across town, the mall in a neighboring city, or somewhere on the other side of the country uninterrupted and unhindered. The Fourth Amendment to the United States Constitution codifies this privacy expectation as a right to be enjoyed by all within its reach. Specifically, the Fourth Amendment protects against “unreasonable searches and …

Drinking From The Fire Hose: How Massive Self-Surveillance From The Internet Of Things Is Changing The Face Of Privacy, Steven I. Friedland

West Virginia Law Review

No abstract provided.

Decrypting The Fourth Amendment: Applying Fourth Amendment Principles To Evolving Privacy Expectations In Encryption Technologies, Candice Gliksberg

Loyola of Los Angeles Law Review

No abstract provided.

Drones: Updating The Fourth Amendment And The Technological Trespass Doctrine, S. Alex Spelman

Nevada Law Journal

No abstract provided.

Pot In My Backyard: Curtilage Concept Endorsed By The Queens Supreme Court To Suppress Physical Evidence Of Marijuana, Laura J. Mulholland

Touro Law Review

No abstract provided.

State Labs Of Federalism And Law Enforcement "Drone" Use, Chris Jenks

Washington and Lee Law Review

No abstract provided.

Surveillance As Loss Of Obscurity, Woodrow Hartzog, Evan Selinger

Washington and Lee Law Review

No abstract provided.

I Spy: The New Self-Cybersurveillance And The "Internet Of Things", Steven I. Friedland

Washington and Lee Law Review

Prior to the digital age, surveillance generally meant a government agent or private investigator engaged in a stakeout or observation detail that involved physical work, expense, and time. The digital age changed surveillance fundamentally. Today, we not only generate mountains of data for others, we also effectively surveil ourselves through digitally-connected, multifunctional smart devices, collectively described as the “Internet of Things.”

Cybersurveillance accessed by the government, even when started as self-surveillance, raises complex and uncertain legal issues, especially when related to the Constitution. In United States v. Kyllo, the Supreme Court was reticent to allow government agents to use …

Minding Your Meds: Balancing The Needs For Patient Privacy And Law Enforcement In Prescription Drug Monitoring Programs, Devon T. Unger

West Virginia Law Review

No abstract provided.

Privacy In Social Media: To Tweet Or Not To Tweet?, Tara M. Breslawski

Touro Law Review

No abstract provided.

Facebook Is Not Your Friend: Protecting A Private Employee's Expectation Of Privacy In Social Networking Content In The Twenty-First Century Workplace, Cara Magatelli

The Journal of Business, Entrepreneurship & the Law

This Comment explores the implications SNS postings have on private employers concerning the off-duty, non-work related conduct of their employees. This argument recognizes that an employee is entitled to engage in whatever legal off-duty conduct he chooses, so long as the behavior does not damage his employer's legitimate business interests. An employer should not be able to use information gleaned from an employee's SNS postings, unrelated to an employer's business interests, to punish an employee for her choices outside the work place. Disciplining or terminating an employee for his off-duty lifestyle choices permits the morals and standards of the employer …

The Securing Of The Premises Exception: A Search For The Proper Balance, Adam K. Peck

Vanderbilt Law Review

This Recent Development argues that although an opinion endorsed by only two justices is not binding precedent, this portion of Segura represents an undesirable departure from the strict protections traditionally afforded a person's privacy interest in the home and leaves lower courts confused about the constitutional limitations on seizures in the home. Part II examines prior Supreme Court opinions that have defined the parameters of permissible warrantless searches and seizures. Part III explores the circuit court opinions that have developed a "securing of the premises"exception. Part IV describes Chief Justice Burger's analysis in Segura. Part V argues that the Chief …

Toward A Right Of Privacy As A Matter Of State Constitutional Law, Gerald B. Cope, Jr.

Florida State University Law Review

No abstract provided.